Advance Directives For Health Care in California . . .

This information is based almost exclusively on California law. Like every page on Bet Tzedek's website, this guide is not legal advice, and should not be relied upon in place of consultation with an attorney.

How can an individual specify the health care that he or she will receive in the future?

A Power of Attorney for Health Care is a legally binding document which allows the person appointed (the "agent") to make health care decisions for the individual if and when the individual becomes mentally unable to make such decisions. The Power of Attorney for Health Care thus allows a doctor, hospital or other health care provider to receive clear instructions even if the individual no longer can make health care decisions.

Once completed, a Power of Attorney for Health Care remains effective indefinitely. While an individual is of sound mind, he or she may revoke a Power of Attorney at any time.

Further information about advance directives for health care is available in the Assisted Living Companion and How to Get Care From a Residential Care Facility, consumer guides published by Bet Tzedek.

New statutes for health care decision-making became operative July 1, 2000. These new laws replaced the Durable Power of Attorney for Health Care and Natural Death Act Laws.

The new Health Care Decisions Act allows for the appointment of a Health Care Agent to make decisions for the signor and also allow for health care instructions, directing a doctor or hospital to follow the signor's wishes regarding end-of-life care.

The form also allows for organ and tissue donation as well as for disposition of remains.

The Health Care Decisions Act is codified in California Probate Code, Section 4600 and following.

Contact Bet Tzedek for more information.